Utah Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 944

Utah Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions pertaining to a

previously proposed amendment to the Utah regulatory program

(hereinafter, the ``Utah program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA). The revisions for Utah's proposed

rules pertain to coal exploration. Utah proposed the amendment with the

intent of streamlining the Utah program.

DATES: Written comments must be received by 4 p.m., m.d.t., June 8,

1994.

ADDRESSES: Written comments should be mailed or hand delivered to

Thomas E. Ehmett at the address listed below.

Copies of the Utah program, the proposed amendment, and all written

comments received in response to this document will be available for

public review at the addresses listed below during normal business

hours, Monday through Friday, excluding holidays. Each requester may

receive one free copy of the proposed amendment by contacting OSM's

Albuquerque Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of

Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW.,

Suite 1200, Albuquerque, New Mexico 87102

Utah Coal Regulatory Program, Division of Oil, Gas and Mining, 355 West

North Temple, 3 Triad Center, Suite 350, Salt Lake City, Utah 84180-

1203, Telephone: (801) 538-5340.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, Telephone: (505) 766-1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

On January 21, 1981, the Secretary of the Interior conditionally

approved the Utah program. General background information on the Utah

program, including the Secretary's findings, the disposition of

comments, and the conditions of approval of the Utah program can be

found in the January 21, 1981, Federal Register (46 FR 5899).

Subsequent actions concerning Utah's program and program amendments can

be found at 30 CFR 944.15, 944.16, and 944.30.

II. Proposed Amendment

By letter dated January 27, 1994, Utah submitted a proposed

amendment to its program pursuant to SMCRA (administrative record No.

UT-888). Utah submitted the proposed amendment at its own initiative.

The provisions of the Utah Coal Mining Rules that Utah proposed to

revise were: Utah Administrative Rule (Utah Admin. R.) 645-200-100,

scope of rules for coal exploration; Utah Admin. R. 645-200-200,

responsibilities of the Division of Oil, Gas and Mining concerning (1)

notice of intention to conduct minor coal exploration and (2) major

coal exploration permits; Utah Admin. R. 645-201-100, requirements for

coal exploration approval; Utah Admin. R. 645-201-200, notices of

intention to conduct minor coal exploration; and Utah Admin. R. 645-

202-100, required documents for notice of intention to conduct minor

coal exploration and major coal exploration permits.

OSM announced receipt of the proposed amendment in the February 25,

1994, Federal Register (59 FR 9152), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. UT-897).

Because no one requested a public hearing or meeting, none was held.

The public comment period ended on March 28, 1994.

During its review of the amendment, OSM identified concerns

relating to the provisions of the Utah Coal Mining Rules at Utah Admin.

R. 645-202-232, roads and other transportation facilities, and Utah

Admin. R. 645-202-235, disturbance of the hydrologic balance, and

provided editorial comments. OSM notified Utah of the concerns by

letter dated April 15, 1994 (administrative record No. UT-915). Utah

responded in a letter dated May 10, 1994, by submitting a revised

amendment (administrative record No. UT-921).

Utah proposes revisions to Utah Admin. R. 645-202-232 and Utah

Admin. R. 645-202-235, which are its performance standards for roads

and other transportation facilities and protection of the hydrologic

balance for coal exploration operations.

Specifically, Utah proposes several editorial revisions to make the

language used in its coal exploration rules consistent by (1) referring

to coal exploration where 250 tons or less of coal is to be removed as

a ``notice of intention to conduct minor coal exploration,'' and (2)

deleting those phrases distinguishing either ``within an approved

permit area'' or ``outside an approved permit area'' that showed a

relationship between the proposed exploration and the approved permit

area.

Utah proposes to revise Utah Admin. R. 645-202-232, which provides

performance standards pertaining to roads and other transportation

facilities used for coal exploration, by referencing Utah Admin. R.

645-301-527.240 to require that a road damaged by a catastrophic event

be repaired as soon as practicable after the damage has occurred.

Utah proposes to revise Utah Admin. R. 645-202-235, which provides

performance standards requiring that coal exploration be conducted to

minimize disturbance of the hydrologic balance, by referencing Utah

Admin. R. 645-301-532, 645-301-742.100 through 742.125, 645-301-744.100

and 744.200, 645-301-751, and 645-301-753 to address water quality and

effluent limitations, sediment control measures, discharge structures,

and impoundments.

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Utah program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional revisions

submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM

is seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Utah program.

Written comments should be specific, pertain only to the issuers

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Albuquerque Field Office

will not necessarily be considered in the final rulemaking or included

in the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

2. Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (Civil Justice Reform) and has

determined that this rule meets the applicable standards of subsections

(a) and (b) of that section. However, these standards are not

applicable to the actual language of State regulatory programs and

program amendments since each such program is drafted and promulgated

by a specific State, not by OSM. Under sections 503 and 505 of SMCRA

(30 U.S.C. 1253 and 12550) and the Federal regulations at 30 CFR

730.11, 732.15, and 732.17(h)(10), decisions on proposed State

regulatory programs and program amendments submitted by the States must

be based solely on a determination of whether the submittal is

consistent with SMCRA and its implementing Federal regulations and

whether the other requirements of 30 CFR Parts 730, 731, and 732 have

been met.

3. National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal that is the subject of this rule is based upon

counterpart Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions for the counterpart Federal regulations.

V. List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface mining, Underground mining.

Dated: May 17, 1994.

Linda M. Wagner,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-12606 Filed 5-23-94; 8:45 am]

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